Black v. De Black

1 P.3d 1244, 2000 Wyo. LEXIS 76, 2000 WL 331953
CourtWyoming Supreme Court
DecidedMarch 31, 2000
Docket98-164, 98-228
StatusPublished
Cited by16 cases

This text of 1 P.3d 1244 (Black v. De Black) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black v. De Black, 1 P.3d 1244, 2000 Wyo. LEXIS 76, 2000 WL 331953 (Wyo. 2000).

Opinion

THOMAS, Justice.

The major issue in Case No. 98-164 is whether the district court erred in setting aside its order, obtained upon the motion of Richard B. Black (Black), vacating a decree of divorce because Marieluise Jungbehrens De Black n/k/a Marieluise Hessel (Hessel) was unable to satisfy the jurisdictional requirements of Wyo. Stat. Ann. § 20-2-107 (Lexis 1999). In Case No. 98-228, the dis *1246 pute presented concerns the authority of the district court to award attorney fees and costs to Hessel. We are satisfied that this case can be affirmed on the merits, without doing any violence to the jurisdictional requirements of the statute, by following the rule articulated in McDougall v. McDougall, 961 P.2d 382, 384-85 (Wyo.1998). The award of attorney fees and costs to Hessel is justified by the terms of a Separation Agreement that the parties entered into prior to the filing for divorce as well as Wyo. Stat. Ann. § 20-2-111 (Lexis 1999). The Order Concerning Residency, the Order Concerning Motion for Summary Judgment, and the Order Awarding Attorneys Fees and Costs all are affirmed in every respect.

This statement of the issues is found in the Brief of Appellant, filed on behalf of Black, in Case No. 98-164:

A. Whether, in light of W.S. § 20-2-107's jurisdictional requirement that a plaintiff in a divorcee action establish residency by proving actual bodily presence in Wyoming for the 60 days immediately preceding the filing of a divorce complaint, combined with the simultaneous intention to remain in the state permanently, the District Court erred as a matter of law in () rescinding its prior order, in which it vacated the divorcee decree for lack of jurisdiction because Appellee did not actually reside in Wyoming for the 60 days immediately preceding the filing of her divorce complaint; (i) disregarding Appellee's lack of actual bodily presence in Wyoming for the statutory period and her failure to establish domicile before the statutory period began; and (iii) basing its determination that Appellee was a resident solely on her stated intention to become a Wyoming resident in the future?
B. Whether the District C{olurt improperly granted Appellee's Motion for Summary Judgment in the face of disputed issues of material fact regarding (i) whether Appellant's motion under W.R.C.P. 60(b)(6), which provides for relief from a judgment unfairly entered under extraordinary circumstances when a motion is brought within a reasonable time, was time-barred; (ii) whether Appellant was barred from relief by the principles of Carison v. Carlson; and (iii) whether Appellant was barred from relief by estoppel by benefit?
C. Whether the District Court improperly awarded Appellee her attorneys' fees and costs without statutory or contractual basis?

In the Brief of Appellee, filed on behalf of Hessel, in Case No. 98-164, the issues are stated in this way:

I. Was Marieluise Hessel ("Hessel") a Wyoming resident for sixty (60) days immediately preceding the filing of the divorce complaint?
II. Would an erroneous determination regarding Hessel's residency render the Divorce Decree void pursuant to Rule 60(b)(4), W.R.CP. when the district court had the power to make the determination regarding residency, Richard Black ("Black") failed to contest the issue and Black failed to appeal?
III. Is Black's claim under Rule 60(b), W.R.C.P. time-barred?
IV. Is W.S. § 1-16-401(a)@ii) or (iv) applicable to Black's claim?
V. Is Black barred from relief under Rule 60(b), W.R.C.P. by the principles of Carison v. Carlson, 886 P.2d 297 (Wyo. 1992)?
VI. Did Black's acceptance of benefits retained from the Divorce Decree preclude a challenge to the validity of the Decree?
VII. Is the district court's award of attorney's fees to Hessel authorized by statute and/or by the terms of the Separation Agreement incorporated into the Divorce Decree?

This statement of the issues is found in the Brief of the Appellant (Regarding Attorneys' Fees and Costs), filed on behalf of Black in Case No. 98-228:

A. Does the district court's award of attorneys' fees to Hessel violate the American rule on attorneys' fees?
B. In sua sponte awarding attorneys fees to Hessel, did the district court violate Black's right to due process of law?
*1247 C. Did the district court apply the proper legal standards in calculating the reasonableness of Hessel's attorneys' fees?
D. Did Hessel submit sufficient evidence demonstrating the reasonableness of her attorneys' fees?
E. Are the costs awarded to Hessel by the district court authorized under law? F. Did the district court abuse its discretion in awarding costs without addressing the reasonableness of the costs awarded?
G. Did Hessel submit sufficient evidence demonstrating the reasonableness of her costs?

These arguments are found in the Brief of Appellee in Docket No. 98-228, filed on behalf of Hessel:

I. The district court was authorized to award attorney's fees and costs to Hes-sel.
IL Black was afforded ample due process in the determination of attorney's fees.
III. The district court's award of attorney's fees is reasonable.
IV. The costs awarded to Hessel are authorized and reasonable.

Black and Hessel were married in Mexico City, Mexico on January 18, 1980. They separated in 1990, and executed a Separation Agreement that is dated January 15, 1992. The Separation Agreement was modified by the parties on December 15, 1992. On June 16, 19983, Hessel filed a Complaint for Divorce in the District Court for the Ninth Judicial District Within and For Teton County, Wyoming. The district court entered the . Decree of Divorcee on August 13, 1998.

The issues before us in Case No. 98-164 arise out of an attempt by Black to overturn the Decree of Divorcee and to obtain for himself certain property awarded to Hessel by the district court. Black proceeded by a motion for relief pursuant to W.R.C.P. 60(b), which he filed on June 19, 1995 and in which he alleged the district court lacked subject matter jurisdiction; Black was not represent: ed by counsel during the negotiation of the Separation Agreement; and he agreed to the Separation Agreement because of Hessel's threats to publicly disclose sensitive personal information,, in essence Black asserted a claim of duress. The parties then entered into extensive discovery proceedings, and on March 15, 1996, Black amended his motion for relief, alleging that Hessel had not been a resident of Wyoming for sixty days prior to filing the Complaint for Divorce. Black contended that the Decree of Divorcee was void.

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Bluebook (online)
1 P.3d 1244, 2000 Wyo. LEXIS 76, 2000 WL 331953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-de-black-wyo-2000.